OFFICE OF THE ELECTION OFFICER
for the INTERNATIONAL BROTHERHOOD OF TEAMSTERS
400 N. Capitol Street NW, Suite 855
Washington, DC 20001
(202) 624-3500
(800) 565-VOTE
Facsimile (202) 624-3525
Barbara Zack Quindel Milwaukee Office:
Election Officer Perry, Lerner & Quindel, S.C.
823 N. Cass Street
Milwaukee, WI 53202
(414) 272-7400
June 30, 1995
VIA UPS OVERNIGHT
Chuck Crawley Louis G. Stewart
703 Wynd Secretary-Treasurer Local Union 988
Pasadena, TX 77503 3100 Katy Freeway
P.O. Box 7693
Gene Giacumbo, Vice President Houston, TX 77270
15 Village Road
Sea Bright, NJ 07760
RE: Election Office Case No. P-098-LU988-PNJ
Gentlemen:
This is a protest filed pursuant to Article XIV, Section 2(b) of the Rules for the 1995-1996 IBT International Union Delegate and Officer Election ("Rules") by Chuck Crawley a member of Local Union 988, alleging that Gene Giacumbo, International Vice President, in retaliation for Crawley having earlier filed a protest with the Election Officer (P-027-LU988-SOU), brought internal union charges against Crawley; and that Local Union 988 accepted and processed those charges in a letter dated June 15, 1995, all in violation of Article VIII, Section 11(f) of the Rules.
The instant protest was investigated by Regional Coordinator Peter V. Marks, Sr. The relevant facts are not in dispute. They are as follows:
On May 15, 1995, Crawley, a member of Local 988, filed a protest with the Election Officer alleging that the appearance of International Vice President Giacumbo at a September 18, 1994, Local Union 988 membership meeting constituted political campaigning in violation of the Rules, and that the payment of his expenses for airfare and hotel accommodations by Local Union 988 also constituted violations of the Rules.
Chuck Crawley, et al.
June 30, 1995
Page 1
On May 17, 1995, Richard A. Hammond, President-Business Manager of Local Union 988, responded to the protest in P-027-LU988-SOU by denying that Local Union 988 had violated the Rules in having International Vice President Giacumbo speak at its meeting or in paying the travel expenses for Giacumbo to address the membership of Local Union 988.
In a letter dated June 12, 1995, International Vice President Giacumbo proffered internal union charges against Crawley pursuant to the IBT Constitution. These changes, which were filed with the Secretary-Treasurer of Local Union 988, quote from the allegations contained in Crawley's protest. International Vice President Giacumbo requested that he be reimbursed for all expenses incurred in defending himself against the allegations in the protest and that Crawley be fined and suspended from membership in the IBT for having made the allegations.
In a letter dated June 15, 1995 to Crawley, Lewis G. Stewart, Secretary-Treasurer of Local Union 988 stated that "Local 988 has accepted the charges from Brother Giacumbo, and is formally notifying and serving you with them." Secretary-Treasurer Stewart further indicated:
A trial hearing will be scheduled in the near future and all parties will be given at least ten (10) working days prior notice of the hearing. The Local Union will have and provide a certified Court Reporter at the hearing to make a complete record of the proceedings. A complete copy of the proceedings will be provided to the charged and charging party.
In the letter, Secretary-Treasurer Stewart went on to point out that, "It will be necessary for each party to present their case, produce evidence and witnesses to support their positions during the hearing," and informed Crawley of his procedural rights pursuant to the IBT Constitution and Local Union 988's By-laws.
In a letter dated June 21, 1995, International Vice President Giacumbo supplemented his earlier charges against Crawley. He alleged that Crawley had filed the "specious charge" for purposes of harassment and "malicious" injury. In a letter dated June 22, 1995, President-Business Manager Hammond served Crawley with notice of the supplemental charges filed against him by International Vice President Giacumbo and informed Crawley that he would be notified of "the date, time and place of the hearing in the near future."
In a letter dated June 22, 1995, to the Election Officer, Crawley filed the instant protest asserting that the internal disciplinary proceedings brought against him by International Vice President Giacumbo and Local Union 988 were in retaliation for the filing of his earlier protest. He seeks the cancellation of this hearing and protection from retaliatory use of the internal union disciplinary procedure.
Chuck Crawley, et al.
June 30, 1995
Page 1
It is undisputed that Crawley's protest in P-027-LU988-SOU is the basis for Giacumbo's proffering internal charges. The Election Officer has consistently held that it is violative of the Rules to discipline or take any other adverse action against an IBT member for filing a protest with the Office of the Election Officer. In re: Puglisi, Case No. P-1074-LU64-ENG (Nov. 25, 1991), aff’d, 91-Elec. App.-242, aff’d, 88 CIV. 4486, slip op., (S.D.N.Y. 1992), the Election Officer held:
[T]he right of IBT members to file election protests, even protests which are found to be non-meritorious go to the heart of the safeguards mandated by the Rules and the Consent Order. It is violative of the Rules to discipline or discriminate against an IBT member for filing a protest with the Election Office. See, e.g., In Re: Shrader and ABF, Election Office Case No. P-561-LU171-MID, aff'd., 91-Elec. App.-124 (SA). See also In Re: Petre and DiDio, Election Office Case No. P-1036-LU810-NYC, [aff’d, 91-Elec.App.-238 (SA) January 23, 1992].
In Case No. P-1036-LU810-NYC, the Election Officer held that a member is "absolutely privileged in filing a protest" with the Election Officer. In that case, the member's protest had been dismissed, and he was sued for libel, slander and malicious prosecution by the local union business agent. The Election Officer stated:
The concept of absolute privilege in connection with a judicial proceeding applies even more forcefully to proceedings before the Election Officer. Most protestors are not represented by legal counsel and are totally unfamiliar with the niceties of legal language. The Rules are a new phenomenon to most IBT members. The Election Officer has intentionally crafted the Rules concerning the filing of protests to permit easy and ready access to the Election Office and to provide for prompt resolution of protests. . . . IBT members are encouraged to use the protest procedures of the Rules. If members were subject to defamation lawsuits for having filed a protest, their willingness to file protests would clearly be deterred. The threat of defamation lawsuits against protestors would seriously impede the Election Officer's efforts to investigate and to remedy violations of the Rules and would therefore undermine his ability to provide for a fair, honest and open election as required by the Rules and the March 14, 1989 Consent Order.
Chuck Crawley, et al.
June 30, 1995
Page 1
The Election Officer concludes that in filing the internal union disciplinary charges against member Crawley, International Vice President Giacumbo did so in retaliation for Crawley having filed the earlier protest with the Election Officer. Since the filing of a protest is absolutely privileged, the charges filed with Local Union 988 by International Vice President Giacumbo were in violation of the Rules.
The charges brought by International Vice President Giacumbo were accepted and processed by Local Union 988. The IBT Constitution, at Article XIX, Section 1(b), provides:
Prior to notifying a member . . . that charges are filed, the local union executive board . . . with which the charges have been filed shall review the charges and dismiss them . . . if the act complained of does not constitute a violation subject to discipline under this Constitution or by-laws of the appropriate union entity.
The internal union disciplinary charges by International Vice President Giacumbo on their face reveal that they were based on the content of the earlier protest filed by Crawley. The IBT Constitution requires the Local Union officers to review such charges prior to notifying the member against whom such charges are filed, and to "dismiss them . . . if the act complained of does not constitute a violation subject to discipline under this Constitution or by-laws of the appropriate [local] union." Since the content of a protest is absolutely privileged, a member cannot lawfully be subject to internal union charges for having filed a protest. Local Union 988 was, therefore, clearly without jurisdiction to proceed further. Under the IBT Constitution, the Local Union was obligated to dismiss the Giacumbo charges and notify him of his appellate rights. Instead, Local Union 988 processed the charges and notified Crawley that he would be required to stand trial on them before the Executive Board of Local Union 988. By this conduct, Local Union 988 independently violated the Rules.
Based on the foregoing the instant protest is therefore GRANTED as to International Vice President Giacumbo, Local Union 988 and its officers, Secretary-Treasurer Stewart and President-Business Manager Hammond, who signed the letters of June 15 and June 22, 1995, respectively.
To remedy this violation of the Rules, International Vice President Giacumbo is directed to immediately withdraw the charges he has filed against Crawley with Local Union 988 and to request the Local Union to dismiss them with prejudice. In addition, International Vice President Giacumbo is directed to sign the attached Notice of Local Union 988 members and to transmit it to Local Union 988 within seven (7) days of the date of this decision.
Chuck Crawley, et al.
June 30, 1995
Page 1
As a further remedy for the foregoing violation of the Rules, Local Union 988, within seven (7) days of the date of this decision, in a letter signed by Secretary-Treasurer Stewart and President-Business Manager Hammond shall dismiss the charges filed by International Vice President Giacumbo against Protestor Crawley with prejudice. Also within seven (7) days of this decision said officers shall sign, duplicate and cause to be posted for a period of not less than thirty (30) days on all bulletin boards customarily used by Local Union 988 for notices to its members, copies of the attached notice as well as the notice signed by International Vice President Giacumbo. Within two (2) days of posting the notices Secretary-Treasurer Stewart and President-Business Manager Hammond shall file an affidavit with the Election Officer setting forth in detail the steps it has taken to comply with this Decision and Order.
Sincerely,
Barbara Zack Quindel
Election Officer
cc: Election Appeals Master Kenneth Conboy
Peter V. Marks, Sr., Regional Coordinator
NOTICE TO TEAMSTER MEMBERS
FROM GENE GIACUMBO
INTERNATIONAL VICE-PRESIDENT, IBT
All IBT members have a right to file protests with the Election Officer alleging violations of the rights set forth in the Rules for the for the 1995-1996 IBT International Union Delegate and Officer Election. It is a violation of the Rules for any union officer or member to retaliate against an IBT member because of his utilization of the protest processes of the Rules.
I will not retaliate or discriminate against Chuck Crawley or any other member of Local Union 988 for filing a protest with the Election Officer or otherwise exercising rights guaranteed by the Rules. Nor will I bring internal union charges against Crawley or any other member of any Local Union of the IBT for engaging in such conduct.
_______________________________________
GENE GIACUMBO
International Vice-President, IBT
This is an official notice, and must remain posted for thirty consecutive days from the day of posting, and must not be altered, defaced or covered by any other material.
NOTICE TO TEAMSTER MEMBERS
FROM LOUIS G. STEWART, SECRETARY-TREASURER
AND
RICHARD HAMMOND, BUSINESS-MANAGER
IBT LOCAL UNION 988
All IBT members have a right to file protests with the Election Officer alleging violations of the rights set forth in the Rules for the for the 1995-1996 IBT International Union Delegate and Officer Election. It is a violation of the Rules for any union officer or member to retaliate against an IBT member because of his utilization of the protest processes of the Rules.
I will not retaliate or discriminate against Chuck Crawley or any other member of Local Union 988 for filing a protest with the Election Officer or otherwise exercising rights guaranteed by the Rules. Nor will I bring internal union charges against Crawley or any other member of any Local Union of the IBT for engaging in such conduct.
_______________________________________
LOUIS G. STEWART
Secretary-Treasurer, Local Union 988, IBT
_______________________________________
RICHARD HAMMOND
President-Business Manager, Local Union 988, IBT
This is an official notice, and must remain posted for thirty consecutive days from the day of posting, and must not be altered, defaced or covered by any other material.